The Arizona Supreme Court on Tuesday upheld an 1864 law that effectively bans nearly all abortions in the state, with the exception of cases where the mother’s life is at risk. The court’s ruling of 4-2 stated that the law is now enforceable, citing the overturning of the federal right to abortion in Roe v. Wade as justification. However, the court opted to put its ruling on hold and referred the matter back to a lower court to further consider the law’s constitutionality. This decision could have significant ramifications for women’s health care in Arizona, as clinics may stop providing abortions and women may need to travel out of state to obtain the procedure.
The 1864 law that the court upheld outlaws abortion from the moment of conception, with no exceptions for cases of rape or incest. Doctors who perform abortions in violation of the law could face fines and prison sentences of two to five years. This ruling represents a major blow to abortion rights advocates, who argue that it puts women’s health in danger. Attorney General Kris Mayes, a Democrat, condemned the decision as “unconscionable” and vowed not to prosecute women or doctors under the ban while she holds office. Even some Republicans expressed reservations about reinstating the near-total ban and favored keeping the state’s 15-week abortion ban in place.
The reinstatement of the near-total ban on abortions in Arizona could have significant political implications, with former President Donald Trump recently stating that abortion rights should be decided by the states. Democrats, who have been using abortion as a rallying cry in recent elections, condemned the court’s decision and may push for a state constitutional right to abortion as a ballot initiative in the upcoming November elections. The ruling has reignited the debate over abortion in Arizona, with supporters and opponents of abortion rights locked in a legal battle over the enforcement of the 1864 law.
For decades, the 1864 ban on abortion in Arizona had remained dormant, alongside similar state laws, as Roe v. Wade was in effect. However, with the overturning of Roe v. Wade and the resurgence of state-level abortion restrictions, laws like the 1864 ban have come under scrutiny and faced legal challenges. Similar bans in states like Wisconsin and Michigan have also been the subject of legal battles, with outcomes varying from state to state. The enforcement of the 1864 law in Arizona marks a significant turning point in the fight over abortion rights at the state level.
The court’s decision to uphold the 1864 ban on abortion reflects a broader political and legal trend towards restricting abortion rights at the state level. With the federal right to abortion no longer a guarantee, states like Arizona are taking steps to enact strict abortion bans and limit access to the procedure. The ruling has sparked outrage among abortion rights advocates, who argue that women’s health and autonomy are at risk. As the debate over abortion continues to unfold in Arizona and other states, the future of reproductive rights in the United States remains uncertain.
